W912DS-14-R-0006_Solicitation.pdf

W16ROE40913097

a. Project: Tw o Phase Design Build Low est Price Technically Acceptable Process - New Caven Point Marine Terminal at Jersey City, New Jersey.

b. 100% Unrestricted Full and Open Competition w ith HubZone Price Evaluation preference, (RFP) IAW FAR 36.3

c. NAICS Code 236220, Size Standard $33,500,00.00

d. Please note, this is a Tw o Phase solicitation. The price schedule is not included in the phase one solicitation. If your company is selected from phase one to continue, you w ill be provided, via amendment, the price schedule, and f inal plans and specif ications. An offer guarantee w ill only be required w ith Phase Tw o proposals. Do not submit Section 00 22 20 w ith your Phase One proposal.

Contract Specialist: Matthew Guilday, email: matthew .guilday@usace.army.mil

Submit proposals no later than 2:00 PM EST on 16 June 2014 to:

U.S. Army Corps of Engineers Contracting Division, Room 1843 26 Federal Plaza New York, NY 10278-0090 Please label all corresponding packaging, including all submittals w ith Solicitation number W912DS-14-R-0006

Due to heightened security at U.S. Government installations, all Offerors are instructed to allow ample time to get through security in order to have their proposals delivered before 2:00 PM EST to the address above.

MATTHEW GUILDAY 917-790-8081

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

15-May-2014

(RFP)

(IFB)

X

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______5 calendar days and complete it w ithin ________730 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________00 73 00

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________5 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________16 Jun 2014 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee X is, is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______120 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

US ARMY CORPS OF ENGINEERS, NEW YORK

26 FEDERAL PLAZA, RM 1843

NEW YORK NY 10278-0090

W912DS

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

212 -264-3013FAX:TEL: (917)790-8173 TEL: FAX:

W912DS-14-R-0006 98

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W912DS-14-R-0006

Section Supplies or Services and Price

Section 00 10 00 - SOLICITATION/CONTRACT FORM

CLAUSES INCORPORATED BY REFERENCE

52.222-5 Davis-Bacon Act--Secondary Site of the Work JUL 2005

CLAUSES INCORPORATED BY FULL TEXT

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2004)

(a) Definitions. As used in this provision--

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.

“In writing or written” means any worded or numbered expression which can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time”, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror.

Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show--

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, or revision, of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications, or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall--

(1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed--in whole or in part--for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of--or in connection with-- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award. (1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government's interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(i) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade

Goals for female participation for each trade

12.8% 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is the State of New Jersey, Hudson County, Jersey City, Caven Point

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from 26 Federal Plaza, Room 1843, New York, NY 10278.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

www.arnet.gov/far http://farsite.hill.af.mil http://www./dtic.mildfars

(End of provision

252.209-7001 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERRORIST

COUNTRY (JAN 2009)

(a) "Definitions."

As used in this provision --

(a) "Government of a terrorist country" includes the state and the government of a terrorist country, as well as any political subdivision, agency, or instrumentality thereof.

(2) "Terrorist country" means a country determined by the Secretary of State, under section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(i)(A)), to be a country the government of which has repeatedly provided support for such acts of international terrorism. As of the date of this provision, terrorist countries subject to this provision include: Cuba, Iran, Sudan, and Syria.

(3) "Significant interest" means --

(i) Ownership of or beneficial interest in 5 percent or more of the firm's or subsidiary's securities. Beneficial interest includes holding 5 percent or more of any class of the firm's securities in "nominee shares," "street names," or some other method of holding securities that does not disclose the beneficial owner;

(ii) Holding a management position in the firm, such as a director or officer;

(iii) Ability to control or influence the election, appointment, or tenure of directors or officers in the firm;

(iv) Ownership of 10 percent or more of the assets of a firm such as equipment, buildings, real estate, or other tangible assets of the firm; or

(v) Holding 50 percent or more of the indebtness of a firm.

(b) "Prohibition on award."

In accordance with 10 U.S.C. 2327, no contract may be awarded to a firm or a subsidiary of a firm if the government of a terrorist country has a significant interest in the firm or subsidiary or, in the case of a subsidiary, the firm that owns the subsidiary, unless a waiver is granted by the Secretary of Defense.

(c) "Disclosure."

If the government of a terrorist country has a significant interest in the Offeror or a subsidiary of the Offeror, the Offeror shall disclosure such interest in an attachment to its offer. If the Offeror is a subsidiary, it shall also disclose any significant interest the government of a terrorist country has in any firm that owns or controls the subsidiary.

The disclosure shall include --

(1) Identification of each government holding a significant interest; and

(2) A description of the significant interest held by each government.

Section 00 21 16 - INSTRUCTIONS, CONDITIONS AND NOTICE TO OFFEROR

PHASE ONE INSTRUCTIONS 00 22 1

SOLICITATION SECTION 00 22 10

PHASE ONE OF TWO PHASE DESIGN-BUILD SELECTION PROCEDURES

1.0 OVERVIEW

2.0 GENERAL INSTRUCTIONS

3.0 PHASE 1 PROPOSAL AND RELATED EVALUATION FACTORS

4.0 TAB A – FACTOR 1 – SPECIALIZED EXPERIENCE

4.1 SUBMISSION REQUIREMENTS

4.2 EVALUATION CRITERIA

5.0 TAB B – FACTOR 2 – PAST PERFORMANCE

5.1 SUBMISSION REQUIREMENTS

5.2 EVALUATION CRITERIA

6.0 TAB C – FACTOR 3 – SCHEDULE AND PHASING PLAN

6.1 SUBMISSION REQUIREMENTS

6.2 EVALUATION CRITERIA

7.0 TAB D – STANDARD FORM 1442 AND PROPOSAL DATA SHEET

8.0 PHASE 1 EVALUATION PROCEDURES

8.1 SOURCE SELECTION EVALUATION BOARD (SSEB)

8.2 EVALUATION

8.3 DEFINITIONS

8.4 EVALUATION AND RATING SYSTEM

8.5 PAST PERFORMANCE CONFIDENCE ASSESSMENT RATING SYSTEM

PHASE ONE – SECTION 00 22 10 ATTACHMENTS

FORM A1 – PROPOSAL DATA SHEETS

FORM A2 – PAST EXPERIENCE CONSTRUCTION OF PRIME CONTRACTOR

FORM A3 – PAST PERFORMANCE QUESTIONNAIRE

1.0 OVERVIEW

This is the first phase of a two phase solicitation, in accordance with FAR 36.3, for all work described in this solicitation. The Government will evaluate the proposals in accordance with the criteria described herein, and award a firm fixed price contract to the responsible Offeror, whose proposal conforms with all the terms and conditions of the solicitation and whose proposal is determined to represent the top rated proposal from phase one evaluations and the lowest price technically acceptable, to the Government from the phase two proposal evaluations.

In Phase one of the two phase design-build selection procedure, interested firms or joint venture entities (referred to as ”offerors”) submit specified performance capability proposals, demonstrating their capability to successfully execute the design-build construction contract resulting from this solicitation.

The Government will evaluate the performance capability proposals in accordance with the criteria described herein and will short-list no more than five (5) of the Phase one offerors to compete for the design-build contract in Phase two.

In Phase two, the short-listed offerors will submit proposals in accordance with Section 00 22 20.

2.0 GENERAL INSTRUCTIONS

2.1 Who May Submit - This is an Unrestricted procurement. Any legally organized Offeror may submit a proposal.

2.2 Prospective Offerors should submit inquiries related to this solicitation only by e-mail to:

E-MAIL ADDRESS: Matthew.Guilday@usace.army.mil Include the solicitation number, and project title with any questions/clarifications. Written questions must be received by this office not later than 7 calendar days prior to the date set for receipt of offers. TELEPHONE INQUIRIES WILL NOT BE ACCEPTED.

Oral explanations or instructions are not binding. Any information given to an Offeror which impacts the solicitation and/or offer will be given in the form of a written amendment to the solicitation.

As this is a competitive negotiation acquisition, there is no public proposal opening and no information will be given out as to the number of Offerors or the results of the competition until all awards are made.

2.3 Page Limit and Size of Printed Materials

In order to effectively and equitably evaluate all proposals, the Contracting Officer must receive information sufficiently detailed to clearly address submission requirements as outlined below.

The written portion of the phase one proposal shall not exceed 20 pages. A page printed on two sides will be counted as two pages. Any sheet with printed material (text or graphics) shall be considered a page, excluding dividers, cover sheets, letters of commitment, past performance information and/or Joint Venture agreements. All sheets shall be submitted on 8-1/2 x 11 inch paper. Each page shall be minimally single spaced with a minimum 12-point font and one inch margins all around. Each page of Volume I shall be numbered sequentially.

2.4 Joint Ventures

a. When an Offeror is submitting a proposal as a joint venture, all members of the joint venture must sign the SF 1442 and any financial surety instrument that is required, unless a written agreement by all members of the joint venture is furnished with the proposal designating one firm with the legal authority to bind the other member(s) of the joint venture. Signatures on the written agreement designating one member of the joint venture as having legal authority to bind all other members of the joint venture must be executed by the duly authorized representatives of the respective joint venture members. All joint venture members will remain jointly and severally liable for all actions, representations, and other activities by the joint venture and by other joint venture members in connection with this solicitation and subsequent contract. A copy of the joint venture agreement and agreement providing evidence of the authority to legally bind all other members of the joint venture must be submitted with the Offeror’s proposal. Failure to comply with the foregoing requirements may eliminate the proposal from further consideration.

b. If submitting a proposal as a joint venture, the experience, past performance, and other information about each of the joint venture partners can be submitted for the joint venture. The experience of each joint venture partner will be considered the experience of the joint venture entity. Joint ventures must also submit the following additional documentation:

1) A copy of the Joint Venture Agreement.

2) A detailed statement outlining the following in terms of percentages, where appropriate:

i. The relationship of the joint venture parties in terms of business ownership, capital contribution, and profit distribution or loss sharing.

ii. The structure of the joint venture and decision making responsibilities of the joint venture parties in terms of who will control the manner and method of performance of the work under the contract.

iii. Identification of key personnel having the authority to bind the joint venture to any and all agreements, including any subcontracts, executed by the joint venture.

iv. Identification of party or parties maintaining the joint venture bank accounts for the payment of all expenses and the deposit of all receipts, keeping the books and records of the joint venture, and paying applicable taxes for the joint venture.

v. Identification of party or parties having overall control of the joint venture.

c. Other sections of the proposal shall identify, where appropriate, whether key personnel are employees of the individual joint venture entities and identify the entity, or whether they are hired directly as employees of the joint venture.

d. A complete and legally binding document with all information required under this section titles

“Joint Ventures” shall be included in Volume I of the proposal.

2.6 PROPOSAL SUBMISSION REQUIREMENTS AND INSTRUCTIONS

2.6.1 Proposal Requirements and Submission

Proposals should be submitted initially on the most favorable terms. Do not assume that Offerors will be contacted or afforded an opportunity to clarify, discuss or revise their proposals.

Do not submit any material not required by this solicitation (such as company or system brochures).

Offerors must meet all technical portions (construction criteria) of the RFP. The fact that the technical specifications and the drawings are not evaluated factors during solicitation does not relieve the Offerors from meeting all technical, or other, requirements of the RFP.

The Government will not make assumptions concerning the intent, capabilities, or experiences of the Offerors. Clear identification of proposal details shall rest as sole responsibility of the Offeror.

Therefore the proposal shall meet the following basic requirements:

a. Proposals shall be typed and easy to read. Margins (1-inch) shall be clean and clear.

b. Proposals shall be organized, concise, and submitted in the volumes and in the order indicated herein. Volumes shall be clearly identified and tabbed. Each factor shall be described in a separate tabbed section.

c. Proposals shall contain a Table of Contents and include at the bottom left side of each page the volume and page number.

d. Offerors shall verify that the information for the Point-of-Contacts located in Form A1, is current, correct and complete including email address and telephone number, and fax number if available.

f. Offerors shall submit a signed Offer (Standard Form 1442) for this solicitation including verification of all amendments received.

g. Offerors are reminded that elaborate corporate marketing information, formatting, special reproduction techniques, and the like are not necessary. However, proposals shall completely and adequately address the requirements of this solicitation.

h. Failing to submit attachments or failing to properly complete the proposal, may result in rejection of the Offer without further evaluation. Therefore, Offerors are urged to follow instructions and contact the Contract Specialist if instructions are not understood.

2.6.2 Where to Submit

Offerors shall submit their proposal packages to the Corps of Engineers (USACE) at the address shown in Block 7 of Standard Form 1442.

FAXED OR EMAILED PROPOSALS, MODIFICATIONS THERETO, OR CANCELLATIONS

WILL NOT BE ACCEPTED. However, proposals may be withdrawn in writing by letter or e-mail.

Any written notice to withdraw an offer sent to this office must be received in the office designated in the Request for Proposal (RFP) for receipt of offers not later than the exact date and time set for receipt of proposals.

2.6.3 Submission Deadline

The USACE must receive proposals not later than the time and date specified in Block 13 of Standard Form 1442.

Due to increased security on packages, your proposals may take longer than anticipated in arriving to New York District's Contracting Office in Room 1843. It is the sole responsibility of the Offeror to ensure that its proposal arrives by the designated date and time.

2.6.4 Incurring Costs

The Government is not liable for any costs incurred by the Offerors submitting an offer in response to this solicitation.

2.6.5 Format Requirements

Submit one (1) original plus five (5) copies and (1) CD containing a digital copy of the proposal. In the event that there is a discrepancy between the original or copies, the original will control. All proposals shall contain the volume number and the name, address and telephone number of the Prime and Major Subcontractors, Joint Venture, or other entity identified on the cover. Note that a letter of commitment from the Subcontractor is required in order for the Subcontractor to be considered in the evaluation. The original proposal must be clearly marked as “ORIGINAL” and the original signatures must be in blue ink. Copies of the proposals must also be clearly marked as “COPY x of y (i.e. COPY 1 of 5)”. Proposal clarity and material organization in each volume are mandatory. No material shall be incorporated by reference. Each volume will be submitted separately bound. The proposal shall address and contain the information listed below.

The information will be used by the Source Selection Board to evaluate each proposal. Offerors are advised that conciseness and relevance of the proposal is important and unrelated information will not be evaluated. Proposals that provide only superficial coverage of the information required below may not receive additional consideration and may be excluded from the competitive range.

Additionally, should the proposal include any terms and conditions that conflict with the terms and conditions of the solicitation, the proposal may be determined to be "unacceptable" and thus ineligible for award.

3.0 PHASE 1: PROPOSAL AND RELATED EVALUATION FACTORS

Location Factor Number Description Relative Importance TAB A Factor 1 Specialized Experience Equally as Important as Factor 2 and 3 TAB B Factor 2 Past Performance Equally as Important as Factor 1 and 3 TAB C Factor 3 Schedule and Phasing Plan Equally as Important as Factor 1 and 2 TAB D Pro Forma

Information N/A

4.0 TAB A – Factor 1: SPECIALIZED EXPERIENCE

SUBMISSION REQUIREMENTS:

To demonstrate recent, relevant experience, the Offeror must use the Specialized Experience forms – (Attachment 2 for construction experience). Submit projects that are currently well underway (designed and at least 75% construction progress completed) or completed and turned over no longer than ten (10) years preceding the date of this Solicitation. If any firm has multiple divisions, limit the project examples to those performed by the division submitting the offer. The Offeror shall submit no more than five (5) projects. Letters of commitment (signed by both the subcontractor and Offeror) are required in order for the Government to consider subcontractor experience in the proposal evaluation.

EVALUATION CRITERIA:

The Offeror will be evaluated on the relevancy of the experience demonstrated in the submitted EXPERIENCE INFORMATION FACT SHEET, Form A2. Factor 1 shall be rated in accordance with Paragraph 8.4. The projects submitted should include the following criteria. Projects do not have to include all of the criteria; however, projects that meet many or all of the criteria would be given a higher degree of relevancy.

Projects shall be considered similar in scope if they are construction of a new commercial, institutional or industrial facility located in a VE flood zone. If the project is not located in the VE flood zone, it is still considered similar if it demonstrates reinforced concrete wall construction and pile foundations.

Projects shall be considered similar in complexity if they contain the management and coordination of a multi-disciplined construction team to complete projects that included the majority of the following, foundation piles, steel superstructure, reinforced concrete construction, new building HVAC system, building electrical, and site/civil construction similar to this project.

Projects shall be considered similar in magnitude if they are over $18,000,000. The magnitude shall be that of the project, not the subcontract amount if it is an experience as a subcontractor.

However the subcontractors role must be clearly defined in the project experience submission.

The Government will consider the combination of experience demonstrated by the five (5) projects.

Proposals will be highly rated when the Offeror demonstrates extensive experience in all or nearly all of the aspects defining relevance and listed below. Where this combination of experience includes the following, the proposal may be given strengths (the following list does not encompass all possible strengths):

- Projects demonstrating multi-disciplined construction teams consisting of the majority of the disciplines listed under the complexity definition.

- The Offeror acted as a prime contractor in the majority of the example experiences;

- The majority of the example experiences are projects performed for the U.S. Army Corps of

Engineers;

- The majority of the example experiences are projects performed within the last three years;

- The example experiences demonstrate previous teaming experience between current proposal team members.

- Projects with magnitudes over $25M.

- Projects demonstrating experience where the construction site had an active customer on it where a high level of coordination was necessary for both the construction to be successful and the customer to remain operational.

Where this combination of experience includes the following, the proposal may be given weaknesses (the following list does not encompass all possible weaknesses):

- Few or no projects are provided where the Offeror acted as Prime contractor.

- Example experience where the project amount was below $18M.

- Example experiences where the Offeror or their proposed subcontractor were subcontractors and their role was minor in comparison to the whole project.

- Example experiences are from proposed subcontractors in lieu of the Offeror.

- The example experiences do not demonstrate previous teaming experience between current proposal team members.

- Experience examples are not verifiable.

The Government reserves the right to verify the experience by reviewing the Construction Contractor (or Architect-Engineer) Appraisal Support System (CCASS/ACASS), other DOD or Government appraisal systems or to interview commercial owners or references. The Government may check any or all cited references to verify supplied information. The relevant experience of key personnel proposed for this project will not be evaluated or considered under this factor.

5.0 TAB B – FACTOR 2 - PAST PERFORMANCE

The Past Performance Questionnaire included in the solicitation is provided for the offeror or its team members to submit to the client for each project the offeror includes in its proposal for Factor 1. Ensure correct phone numbers and email addresses are provided for the client point of contact. Completed Past Performance Questionnaires should be submitted with your proposal. If the offeror is unable to obtain a completed PPQ from a client for a project(s) before the proposal closing date, the offeror should complete and submit with the proposal the first page of the PPQ (FORM A2), which will provide contract and client information for the respective project(s). Offerors should follow-up with clients/references to ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the Government’s point of contact, Contract Specialist via email at Matthew.Guilday@usace.army.mil prior to proposal closing date. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation.

Also include performance recognition documents received within the last five (5) years such as award fee determinations, customer letters of commendation, and any other forms of performance recognition.

In addition to the above the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS), including Contractor Performance Assessment Reporting System (CPARS), using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the offeror’s proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the offeror.

While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror.

In addition, the Offeror is required to provide information on past projects (within the past five (5) years) in which they have been issued a CURE NOTICE, have been terminated for default or have been issued a negative past performance rating (either interim or final) and provide accompanying information as to the details for such action(s) with an explanation of why they were issued a cure notice or negative rating and what actions their organization have taken or would take to ensure that their performance on this project will not warrant a similar cure notice or negative rating.

EVALUATION CRITERIA:

The Government will evaluate the relevancy of the Offeror’s record of past performance information in accordance with the table in paragraph 8.5.

Based on the Offeror’s recent relevant performance record, the Government will make a determination as to the expectation that the Offeror will successfully perform the required effort. A performance confidence assessment rating will be assigned in accordance with the table in paragraph 8.5.

Where no recent/relevant performance record is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned, the Offeror will receive an Unknown Confidence (neutral) rating. This rating is neither favorable nor unfavorable.

6.0 TAB C – FACTOR 3 – SCHEDULE AND PHASING PLAN

6.1 SUBMISSION REQUIREMENTS

Planning and Scheduling. Describe the time control capabilities and systems to be used to plan the project and how the schedule will be used to manage construction. Discuss internal procedures for handling delays to minimize time growth.

Submit a summary level schedule for the project. Make sure to show each phase of the project.

Schedules or diagrams may be provided separately in a size that is easily read, but shall be bound and clearly labeled as Tab C. This summary schedule will, after contract award, be replaced with a project schedule as required by Section 01 32 01.00 18: Project Schedule. The schedules shall be task oriented, indicating the number of calendar days, after notice to proceed, by which milestones are to be achieved. Offeror may use a critical path or other method of his choice;

however, schedules shall be graphically represented. The proposed project schedule shall reflect the proposed contract duration Give attention to the following features:

o Show the overall construction for each phase.

o Show turnover of each phase. The time to complete the facility and turnover to the

Government must consider the requirement for the Contractor’s CQC completion inspection and the subsequent joint Contractor-Government turnover inspection.

o Identify times of Operational disruption to the boat lift and access to the finger docks.

o Constraints: Offeror must demonstrate the capability and flexibility to plan and schedule the complete project to meet the proposed contract completion period. Clearly identify any constraints on the schedules presented (e.g., labor or material availability, permits, weather, etc.).

Submit a phasing plan expanding upon the provided plans and specifications. Include a traffic plan with the site phasing plan showing where you intend to have your deliveries queue-up, where contractor vehicles are intended to park and signage placement to separate user and contractor vehicles.

6.2 EVALUATION CRITERIA

The Government will evaluate the strengths, weaknesses and any deficiencies in the plan. The Government will evaluate the firm’s understanding and the capability to execute the project. Some additional specific evaluation considerations are listed below. This list is not all-inclusive.

Summary Schedule: The Government will evaluate the summary schedule for the project. The length of the schedule must not exceed the proposed contract duration. Proposed realistic schedules that are shorter in duration will be considered a betterment. If the betterment is accepted the shorter duration will be the new contract duration and it will be binding. The Government will evaluate the schedule to assess the strength of understanding of the project scope, restrictions which must be considered in the schedule e.g., long lead items, etc. The Government will evaluate the strength of understanding of events associated with coordinating phasing, the offeror's capability to schedule the complete project within the proposed contract duration and the realism of the schedule. A schedule that offers advantage(s) to the Government over one that merely indicates an adequate understanding of the scope, restrictions, major milestones and general understanding of the various events that can affect start and completion of construction will receive additional consideration.

Phasing: The Government will evaluate the phasing plans for both the building and the site. The phasing plans will be evaluated to determine if they are advantageous to the Government or if they add additional risk for unsuccessful performance. Deviations from the proposed phasing plans in the plans and specs are allowed. If the Offeror chooses to deviate, their plan should explain the benefit to the Government of the deviation in detail. Deviations from the phasing plan in the solicitation that deliver the main facility or parts of the main facility (example: the maintenance bays) earlier than the Government’s plan will be considered a betterment. Phasing plans must be realistic and mindful that the user must remain operational (with limited disruptions) through the duration of the contract. Plans that limit operational disruption will be considered a strength.

7.0 TAB D - STANDARD FORM 1442 AND PRO FORMA DATA

7.1 SUBMISSION REQUIREMENTS

Must contain a Proposal Cover Sheet, to include the Offeror’s e-mail address, cell phone number, Name, Address, DUNS, and CAGE code. The proposal cover sheet is required by Provision “FAR 52.215-1, Instructions to Offerors—Competitive Acquisition.”

Must contain the signed, dated Standard Form 1442, Solicitation, Offer, and Award. Any and all amendments must be acknowledged by the Offeror in accordance with the instructions on the Standard Form 30, Amendment of Solicitation.

8.0 PHASE 1 EVALUATION PROCEDURES

8.1 SOURCE SELECTION EVALUATION BOARD (SSEB)

The SSEB will be established to conduct the evaluation of proposals received in response to this solicitation.